Malkit Singh vs State of Punjab

Malkiat Singh & Anr vs produce Of Punjab on 8 November, 1968 Equivalent citations: 1970 breed power 713, 1959 SCR (2) 663 Bench: Ramaswami, V. PETITIONER: MALKIAT SINGH & ANR. Vs. RESPONDENT: acres OF PUNJAB visit OF JUDGMENT: 08/11/1968 BENCH: RAMASWAMI, V. BENCH: RAMASWAMI, V. SHAH, J.C. GROVER, A.N. denotation: 1970 blood line 713 1959 SCR (2) 663 1969 SCC (1) 157 CITATOR INFO : RF 1972 SC1610 (8) D 1973 SC 62 (7) E 1980 SC1111 (30) RF 1986 SC 63 (30) make out: ingrained Commodities human action (10 of 1955), ss. 3 and 7 and punjab rice paddy field (Export Control) Order, 1959, para. 3-- paddy consigned from Punjab to Delhi--Truck carrying paddy stopped by practice of law inside Punjab distinguish-Whether every offence move by driver of truck. HEADNOTE: In doing of the powers conferred by s. 3 of the all-important(a) Commodities Act, 1955, the Central Government promulgated the Punjab Paddy (Export Control) Order, 1959. Paragrap h 3 of the Order prohibited the export of or attempt to export paddy from any place within the State of Punjab to any place right(prenominal) the State except downstairs a valid permit. Paddy, booked by a degenerate in Punjab to a consignee to Delhi, was carried in a lorry determined by the first appellant.

The lorry was stopped by the police at a place which was 32 miles from Delhi, that is, inside the State of Punjab (the Punjab-Delhi confines was 18 miles from Delhi), and the appellants, along with others, were prosecuted and convicted for an offence under s. 7 of the Essential Commodities Act. In appeal to this Cour t, HELD: No offence has been committed by t! he appellants nor was there an attempt to commit an offence. [667 G] As the paddy was seized vigorous inside the Punjab boundary, there was no export of paddy outside the State of Punjab. It was also possible that the appellants might entertain changed their minds at any place between the place of exaltation and the State boundary. The acts of the appellant then would only constitute zeal and not an attempt to commit the offence of...If you want to issue forth a full essay, order it on our website: OrderCustomPaper.com

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